175Fit and proper persons

175 Fit and proper persons

(1) This section applies for the purposes of determining whether a person is a fit and proper person for the purposes of this Act.

Note: The reference to this Act includes a reference to instruments made under this Act (see the definition of this Act in section 10).

(2) In determining whether the person is a fit and proper person for the purposes of a provision of this Act, the Minister must have regard to the following matters: (a) whether the person is financially viable; (b) whether the person has been convicted of an offence against, or ordered to pay a pecuniary penalty under, any of the following: (i) this Act; (ii) the Biosecurity Act 2015; (iii) the Carbon Credits (Carbon Farming Initiative) Act 2011; (iv) the Environment Protection and Biodiversity Conservation Act 1999; (v) the Export Control Act 2020; (vi) the Hazardous Waste (Regulation of Exports and Imports) Act 1989; (vii) the National Greenhouse and Energy Reporting Act 2007; (viii) the repealed Product Stewardship Act 2011; (ix) the Product Stewardship (Oil) Act 2000; (x) another Act prescribed by the rules; (xi) the Criminal Code or the Crimes Act 1914, to the extent that it relates to an Act referred to in another subparagraph of this paragraph; (c) the person’s history of compliance with this Act; (d) if the person has been an administrator of a co‑regulatory arrangement—whether the Minister did not approve, or cancelled the approval of, the co‑regulatory arrangement because the Minister was satisfied that the administrator was not a fit and proper person; (e) if the person has made an application for an export licence or an application for renewal of an export licence—whether the application was refused; (f) whether the person: (i) has made a false or misleading statement in an application under this Act; or (ii) gave false or misleading information or documents to a person performing functions or exercising powers under this Act; (g) the history of the person in relation to environmental matters; (h) whether a debt is due and payable by the person to the Commonwealth under any Act referred to in paragraph (b); (i) any other matter prescribed by the rules in relation to the provision. (3) In determining whether the person is a fit and proper person, the Minister may also have regard to the following matters: (a) whether, under a law of a State or Territory, the person has been given a notice (however described) that: (i) relates to an environmental matter; and (ii) requires the person to take, or not to take, specified action to remedy non‑compliance, or suspected non‑compliance, with the law; (b) the matters mentioned in subsection (2) as they apply to an associate of the person; (c) whether the person, or an associate of the person, has been convicted of an offence against, or ordered to pay a pecuniary penalty under, an Australian law (other than an Act referred to in paragraph (2)(b)); (d) whether a debt is due and payable by the person, or an associate of the person: (i) to the Commonwealth under any Act (other than one referred to in paragraph (2)(b)); or (ii) to a State or Territory, under a law of the State or Territory. (e) any other relevant matter. (4) Nothing in this section affects the operation of Part VIIC of the Crimes Act 1914.